Kentucky Supreme Court strikes down school choice law
Headline Legal News
School choice advocates suffered a bitter defeat Thursday, when Kentucky’s Supreme Court struck down a state law that allowed donors to receive tax credits for supporting private school tuition.
In its unanimous decision, the high court said the 2021 measure violated the state’s constitution as the justices upheld a lower court ruling issued more than a year ago.
The law’s opponents objected to using the state tax code to aid private education. The measure’s supporters said tax credits didn’t amount to government spending, even if they decrease revenues.
The measure was narrowly passed by the Republican-dominated legislature over Democratic Gov. Andy Beshear’s veto. It created a form of scholarship tax credits — referred to by supporters as “education opportunity accounts.” Under the measure, private donors backing the accounts would be eligible for tax credits.
The Supreme Court ultimately found that the formula violated the constitution.
“We are compelled to agree that the EOA Act violates the plain language of Section 184” of the state constitution, Deputy Chief Justice Lisabeth T. Hughes said in writing for the court. “Simply stated, it puts the Commonwealth in the business of raising “sum(s) . . . for education other than in common schools.”
Related listings
-
High court sides with history society’s access to earthworks
Headline Legal News 12/03/2022Ohio’s historical society can proceed with efforts to gain control of a set of ancient ceremonial and burial earthworks currently maintained by a country club, the state Supreme Court ruled Wednesday.At issue before the court were the 2,000-yea...
-
Judge denies 19-year-old’s ask to attend father’s execution
Headline Legal News 11/26/2022A federal judge has denied a request from a 19-year-old woman to allow her to watch her father’s death by injection, upholding a Missouri law that bars anyone under 21 from witnessing an execution.Kevin Johnson is set to be executed Tuesday for...
-
Judge won’t toss suit over Delaware court political balance
Headline Legal News 09/26/2022A federal judge has refused to dismiss a lawsuit against Democratic Gov. John Carney over Delaware’s requirement for political balance on its courts.Friday’s ruling is the latest in a long-running legal battle over a “major-party&rd...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.